In recent years, the divorce issue is not limited to just one country, but has been extended to many countries. Therefore, the Law on Marriage and Family of Vietnam recognizes the legal value for the marriage and family. The divorce has a foreign element, but it is also necessary to follow the legal procedures as prescribed, in which the divorce application form with a foreigner. So about the matter “Divorce application form for foreigners in Vietnam” Let’s find out with LSX in the article below.
- Law on marriage and family 2014
- Civil Procedure Code 2015
What is a divorce from a foreigner?
Divorce with a foreigner is a divorce involving foreign elements. Pursuant to Article 127 of the Law on Marriage and Family 2014:
Divorce from a foreigner includes:
Between Vietnamese citizens and foreigners;
Between foreigners and each other permanently residing in Vietnam.
In case the party being a Vietnamese citizen does not permanently reside in Vietnam at the time of the divorce request, the divorce shall be settled according to the law of the country where the husband and wife reside together; if they do not have a common place of permanent residence, the settlement shall be in accordance with Vietnamese law.
The settlement of foreign immovable property upon divorce is subject to the laws of the country where such immovable property is located.
Method of divorce with foreigners
Similar to other divorce cases, divorce with foreigners can be done in two ways: Consensus divorce or unilateral divorce.
Pursuant to Article 55 of the Law on Marriage and Family:
An amicable divorce is when two parties voluntarily divorce and agree to each other on property, child support obligations and ensuring there is no dispute. For a consensual divorce with a foreigner, it is understood that when both spouses (one is a foreigner, or a Vietnamese residing abroad) voluntarily divorces when it realizes that there is no longer an agreement. the purpose of the marriage and without any dispute over property, child care and nurturing.
Pursuant to Article 56 of the Law on Marriage and Family:
Grounds for conducting divorce proceedings at the request of one party (unilateral divorce) are:
There are grounds for the fact that husband and wife commit acts of domestic violence; or
Serious violations of the rights and obligations of husband and wife, causing the marriage to fall into a serious state; common life cannot be prolonged; The purpose of marriage is not achieved.
Unilateral divorce with a foreigner means a divorce at the request of the spouse to the other being a foreigner when there are grounds to believe that the foreign spouse has committed acts of domestic violence or serious violations of the law respecting the rights and obligations of husband and wife, causing the marriage to fall into a serious state; common life cannot be prolonged; The purpose of marriage is not achieved.
Each form of divorce has a divorce application according to the divorce form with a foreigner prescribed by law.
Divorce application form for foreigners in Vietnam
Because there are two forms of divorce with completely different nature, depending on the form, the couple will use two different types of divorce petitions to send to the Court.
– Application form for divorce by consent: Use the form of request for civil matter settlement issued together with Resolution 01/2017/NQ-HDTP (amended by Resolution 04/2018/NQ-HDTP).
Enter the name of the Court competent to handle the case; If it is a district-level People’s Court, it is necessary to specify which district People’s Court belongs to which province or centrally run city.
For example: People’s Court of district A in province B, if it is a provincial people’s court, specify which province (city) people’s court (for example: People’s Court of Hung Yen province) and address of that Court.
Presenting the reasons and requirements for the unilateral divorce settlement and the results of the marriage are: “the husband and wife’s affection has disappeared, the common life has also been lost, the marriage purpose has not been achieved”.
Clearly state how many children the couple has, the requirements to be nurtured and supported for each child, the child’s needs and decisions (if required by law, the child’s opinion must be consulted)….
When there is common property, how to divide the property, please specify the request in this section. If there is none, clearly state there is none and do not ask the Court to divide.
If in the process of living, the couple has any common debt, if they want the court to divide it, it should also be clearly stated. If there is none, specify none and do not ask the Court to divide.
Write down information that the petitioner considers necessary for the settlement of the case
For example: The petitioner notifies the Court when a dispute occurs that one of the litigants has gone abroad for medical treatment…
Procedures for divorce with foreigners
Step 1: Prepare documents
An application for divorce or an application to the Court to recognize the consent of the divorce;
Attached to the application are the following documents:
Original Marriage Certificate (if any), in case of loss of the original Marriage Certificate, submit a copy certified true of the original by a competent State agency.
Identity card or Passport; Passport (certified copy).
Copy of Child’s Birth Certificate (if any).
Certified copies of vouchers and documents on property ownership (if there is a property dispute).
Documents proving that one party is abroad (if any)
Note: If both parties register their marriage under foreign law and want to get a divorce in Vietnam, they must have a consular legalization of the marriage registration certificate and complete the procedures for noting it in the register at the Department of Justice before submitting the application. divorce in court.
Step 2: File for divorce with foreigners
File a divorce file with a foreigner at a competent People’s Court.
Applications can be submitted in person or by post.
Step 3: Pay the divorce court fee
Within 7-15 days, the Court examines the dossier, if the dossier is complete and valid, the Court will send a notice of advance of the court fee.
Pay civil court cost advances at the competent Civil Judgment Execution Sub-Departments and submit court cost advance receipts to the Court.
Step 4: The court opens a mediation session at court and conducts divorce proceedings at the Court according to first-instance procedures.
Case of Consensus Divorce
The court summons husband and wife for reconciliation. In case the conciliation and reunification is unsuccessful, but the parties still want a divorce and consider the divorce to be voluntary, the Court shall issue a decision to recognize the parties’ agreement on the divorce.
Unilateral divorce case
The proceedings are relatively complex. The court will take a series of professional measures to resolve a unilateral divorce with an outsider as follows:
Obtain the defendant’s testimony and opinions, along with necessary documents for the settlement of the case/case.
In case the defendant is a foreigner and is abroad: The Court conducts the judicial entrustment procedure: Send the defendant the plaintiff’s testimony and notify them to send to the Court the necessary testimonies or documents to settle divorce cases.
After having the results, the Court can base on those testimonies and documents to adjudicate, if the plaintiff in the country recognizes the testimonies or documents sent back as true of the defendant who is abroad.
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Please see more
- Appeal for divorce judgment under Vietnam law
- How long does it take to get a unilateral divorce in Vietnam?
- Regain custody of children after divorce under Vietnam law
Frequently asked questions
According to Clause 3, Article 35 and Article 37 of the 2015 Civil Procedure Code, the jurisdiction to settle a divorce involving the water element belongs to the People’s Court of the province.
According to Article 469 of the 2015 Civil Procedure Code:
“first. Vietnamese courts shall handle civil cases involving foreign elements in the following cases:
d) The divorce case in which the plaintiff or defendant is a Vietnamese citizen or the involved parties are foreigners residing, doing business or living long-term in Vietnam;”
Thus, in this case, you can ask the Vietnamese Court to resolve the divorce for you. However, the involved parties must be present in Vietnam at the time of filing for divorce or at the time the court accepts the file. Or you can file a file with a foreign court where the couple has registered their marriage to be resolved in accordance with the law of that country.
An amicable divorce
Processing time is up to 02 months from the date of receiving the application.
The time limit for trial preparation is from 4 to 6 months from the date of acceptance of the case;
The time limit for opening a court session is from 1 to 2 months from the date of issuance of the decision to bring the case to trial.